The Cambria freeman. [volume] (Ebensburg, Pa.) 1867-1938, 1887-10-14
The New Law as TO Costs.

Inc law approved May l9-n. 1oSI,
providing for the payment of costs, in
criminal cases by the proper county,"
is likely to have important results,
some satisfactory and others the re-
verse. The act stipulates ''that the
costs of prosecution accompanying
every case of misdemean or in any of
the Courts of Quarter Sessions of the
Peace of this Commonwealth shall, on
the termination of the prosecution by
the bill of indictment being ignored by
the grand jury, or by verdict of a ira
verse jury, and sentence OF the court
thereon, be Immediately chaIgabIe to
and paid by the proper county Pro-
vided, that the county shall be liable
only for the costs of such witnesses as
the District Attorney shall certify were
subpenaed by his order and were in at
tendance and necessary to the trial of
the case.'
Also. "that when the record in any
criminal case shall have been removed
by writ of certiorari or otherwise to the
Supreme Court FOR review, and shall
| have been therein disposed of, the ne
cessaIy expenses of the District Attor-
ney in connection Herewith. including
a reasonable compensation for his ser
vices, to be liked by the court in addi-
! ton to the regular fee now allowed him
! by law for trying The case in the lower
/ court, shall be paid by the proper coun-
| ty and the cost of the officers, includ-
| ing the costs OF the Justice of the Peace
and Constable. and all cases Of wife de-
! sertion and surety of the peace shall be
! be chargeable to and paid by the proper
| county as soon as the case is disposed of
| by the order of the court; and it shall
be the duty of the District Attorney
| and County Commissioners to use all
| due diligence to collect the costs, in
every case mentioned in this act, from
the party made liable therefore by the
sentence or order Of the court, and to
pay the same into the county treasury"
In all such cases, heretofor, the
| county has not been required to pay the
costs decreed against either prosecutor
or defendant until one or other Of the
latter had paid the amount into the
| county treasury. Under the new rule,
however, as above quoted, very con-
siderable sum of money, in addition to
the already large aggregate of eXpendi-
ture required for the purpose, must be
paid out by the County Treasurer, and
much OF this outlay will likely never be
made good to the county. But the
Commissioners, who, with the District
Attorney, are epioined in the &C: "to
use all due diligence TO collect the costs
in every case mentioned in the act from
the party or parties made liable there
for" are not likely to sit quietly and
see the county mulcted-or rather swim
dled-in such manner. On the con-
! tIary, it IS probable that they may pro-
ceed by capias against any and all pros
ecutors or defendants who have been di-
rected by either the grand jury or court
to pay costs, and mDke them disgorge if
they possess property, real or personal.
! from the sale of which said costs can be
realized.
While, therefore, the compelling of
the county to pay the costs In the first
place may, for time, add to the deluge
of cases sent up by the Justices and Al
! deTmen that never should be sent up,
the vigorous action OF the Commission
ers will be likely, in the long run, to
make both prosecutors and defendants
more chary of ''going to court. "
When they know that, if the costs be
| decreed against them, the Commission
ers will COMPEL them to pay or sell their
property, of whatever character, TO
make the county whole in the transac-
| tion, they will be disposed to seek some
| easier and cheaper method of settling
their disputes. There is law under
which jury of six may be empannelled
by an alderman to try certain class of
petty cases. That law will, with the
changes In the statute may prove good
thing. For time it will bring profit
to the Sheriff and Justices and witnesses,
at big expense to the county. and mucn
consequent worriment to the District
Attorney and Commissioners, but ulti-
mately the p.ofit is fairly likely to be
for the litigants. in that it will impel
them to be less frequently litiCants